Bill > HB75

This bill amends Delaware's statute of limitations for civil claims related to sexual abuse of a minor, effectively removing all previous time restrictions on filing such claims. Specifically, the bill allows victims who were previously barred from filing lawsuits due to expired statutes of limitations to now bring civil actions in the Superior Court at any time, regardless of when the abuse occurred. The legislation applies retroactively and covers claims against individuals, institutions, organizations, and even government entities, with the state waiving sovereign immunity for such cases. The bill builds upon the original Child Victim's Act of 2007, which provided a temporary two-year window for filing claims, and addresses the reality that many victims of childhood sexual abuse take decades to disclose or understand the full impact of their trauma. The law includes a provision protecting defendants from frivolous claims by allowing them to recover attorneys' fees if a court determines a false accusation was made with malicious intent, though a simple verdict in favor of the accused is not sufficient grounds for such a finding. This legislation aims to provide comprehensive access to justice for survivors of childhood sexual abuse, recognizing the complex psychological barriers that often delay victims' ability to come forward.

Justice

https://legis.delaware.gov/BillDetail?LegislationId=141915